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and schocl law. (See also State board of examiners.) He shall not teach in any school during his term of office; shall give bond in a sum from $500 to $2.000, as determined by the board of supervisors, and shall keep an office at the county seat, which shall be provided by the supervisors and furnished with necessary supplies from the school fund.
He shall employ teachers recommended by the local trustees (and shall himself select and employ teachers for schools whose trustees fail to report a sele" tion within ten days of the time fixed by the county board for the beginning of the term), fix their salaries, and make contracts with them; examine teachers' monthly reports, requiring that a majority of the trustees certify to the accuracy of the same, and shall thereupon issue the teacher's pay certificate, in the form prescribed by the State board of education ; enforce the course of study adopted by the State board of education and the uniform text-books adopted by the county; administer oaths in school matters, and take testimony in appeal cases under the school law ; distribute promptly all reports, laws, forms, circulars, and instructions which he may receive from the State superintendent for school officers and teachers; preserve carefully all reports of school officers and teachers, and at the end of his term deliver to his successor books, records, and papers pertaining to his office; make an annual written report to the board of supervisors, and mayor and aldermen of a municipality constituting a separate school district, indicating the name, sex, and color of the teachers employed during the year, number of months taught by each, and the aggregate amount of pay certificates issued to each and to all. He shall keep in his oflice and carefully preserve the public school record provided, enter therein the proceedings of the county school board, decisions on appeal cases, and other official acts; a list of teachers examined, licensed, and enıployed; record the data of monthly and term reports of teachers and annual reports of county and district treasurers ; and from the summaries of records thus kept render a report to the State superintendent by October 20 each year, or forfeit $50. He shall be at the county seat on Saturdays to receive monthly reports, issue pay certificates, and attend to other official duties, or else forfeit $10 for each such day's absence without leave previously granted by the board of supervisors, unless prevented by illness or other unavoidable cause.
He shall visit each school of his county at least once during each term, in county schools correcting any defect in classification of pupils or the government of the school, and in separate districts he shall call attention of trustees to such deficiencies for correction by them; note the condition and value of building, lot, and furniture, the branches taught, methods, and his estimate of the ability of the teacher ; examine classes, and give such directions and recommendations as he may deem expedient; and urge patrons to provide comfortable and well-furnished schoolhouses. For every school not so visited the supervisors shall deduct $10 from his salary.
He shall decide controversies arising under the school law. From his decision appeal may be taken to the State superintendent. He shall enforce the law, rules, and regulations in regard to the examination of teachers, and for incompetency, neglect of duty, immoral conduct, or other disqualification may suspend or remove any teacher or trustee from office, except in separate school districts; and for intemperance, immoral conduct, brutal treatment of a pupil, or other good cause may revoke the license of a teacher.
The salary of the county superintendent is fixed at 3 per cent of the total school funds received annually by the county, not to exceed $600 nor be less than $150 a year, but the board of supervisors may increase the same not to exceed 5 per cent of the school fund nor more than $800. Any county superintendent (or other county officer) who shall trade or speculate in teachers' warrants or pay certificates, purchasing same at a discount, or loaning or advancing thereon, shall be subject to a fine of from $100 to $500.
County school board-School districts.—The county school board shall consist of one member from each supervisor's district, appointed for four years by the county superintendent, subject to ratification by the supervisors, and shul receive $3 for each day of actual service, not to exceed three days in any yeur. The county superintendent shall be ex officio president of the board. The board shall define the boundaries of school districts (outside of special districts) or make alterations therein and designate the location of the schoolhouse in each district if not already located, paying due regard to the larger water courses and using them as boundary lines whenever practicable. A regular school district shall contain not less than 45 educable children, except where too great distance or impassable obstructions would debar children from school privileges,
in which cases the board may establish a regular district containing not less than 15 educable children. Special districts containing not less than 10 educable children may be established for such children as live between the forks or bends of large streams or other impassable obstructions which render it impracticable to establish regular districts; but when less than five children attend school in a district the school shall be discontinued by the county superintendent at the end of any scholastic month.
District trustees.-There shall be three trustees for each school district (except separate school districts), elected by the patrons of the school for a terin of three years, one to retire each year; vacancies may be filled by the county superintendent. The trustees shall be patrons of the school, and able to read and write; and if a trustee refuse to discharge the duties of his office or to patronize the school, the office becomes vacant. The trustees shall elect teachers, and shall scrutinize the enumeration of educable children attending as made by the teacher, and certify the same in the teacher's register, which enumeration and certification shall guide the county superintendent in determining the teacher's salary for the ensuing 'year. One or more of their number shall visit the school at least once a month; they shall make provision for fuel and other things needful for the comfort and welfare of the pupils, and shall pilotect and care for the school property during vacation. They may susjiend or expel a pupil for misconduct, and shall arbitrate difficulties arising between teacher and pupils, but either party may appeal to the county superintendent and from him to the State board of education.
Separate school districts.-Any municipality of 300 or more inhabitants which shall maintain a free public school at least seven months in each scholastic year shall be entitled to the rights and privileges of a separate school district. The schools of said districts shall be under the control of five trustees, patrons of said schools, who shall be elected by the mayor and board of aldermen, or in the manner prescribed by said board, for terms of three years.
The powers and duties of said trustees are: To prescribe and enforce rules, consistent with law and those of the State board of education, for the government of themselves and the schools; manage and control school property within their districts, and employ janitors; enforce the course of study and text-books adopted by proper authority ; enforce the rules prescribed for the government of school libraries, and appoint librarians therefor, excluding therefrom all publications of a sectarian, partisan, or immoral character; suspend or expel pupils for misconduct ; visit every school in their district at least once a month, ex:ining carefully into its management, condition, and wants; maintain all schools under their control for an equal length of time during the year ; furnish blackboards and other necessary furniture; elect a superintendent, if required, and principal for each of the schools, and prescribe their powers and duties ; eleit teachers, fix their salaries and terms of service and penalties for neglect of duty, but they can not contract with a teacher or principal who does not hold a license from the county superintendent; require the principal of each school to keep the records so as to show, by age, race, and sex, the enrollment, attendance, and average attendance, and at the end of the term to make complete report to the trustees showing the above and such other statistics as may be required of the county superintendent for his annual report to the State board of education, which report the secretary of the trustees shall transmit to the county superintendent within ten days after the close of the term. (See also SchoolsCharacter of instruction-High schools.)
Eraminations-Certificates-Contracts and salaries-Duties--Preliminary train
ing-Institutes. E.raminations.-Two first-grade teachers, to be appointed annually, one by the county school board and one by the board of supervisors, shall, with the county superintendent, constitute an examining board for each county. The members of said board shall not be related by affinity or consanguinity, and no teacher of a normal or training school shall be appointed thereon. Said board shall conduct all examinations of teachers, and review and grade the examination papers submitted. The teachers upon the board shall each receive $2.50 per day of actual service in holding examinations and 25 cents additional for grading the papers of each applicant, payable from the school fund as teachers' salaries are paid.
Examinations shall be held separate for the two races. The State superintendent shall prepare questions and send same sealed to the county superintendent, to be opened in the presence of those to be examined after they shall have assembled in the examination room.
Certificates.-It shall be unlawful for any county superintendent or trustees to contract with a teacher who does not hold a license valid for the scholastic year in which the school is to be taught and of a grade sufficiently high to meet the requirements of the school. Before a license shall be granted the applicant must furnish the county superintendent satisfactory evidence of good moral character and of ability to govern a school.
To obtain a first-grade license the applicant must be examined in spelling, reading, practical and mental arithmetic, geography, English grammar and composition, history of the United States and of Mississippi, elements of natural philosophy, civil government, elements of physiology and hygiene with special reference to the effects of alcohol and narcotics; and to obtain a second-grade license the applicant must be examined in spelling, reading, mental arithmetic, elementary geography, elementary English grammar aird composition, and primary United States history and physiology. Licenses shall be granted to th who make a general average of 75 per cent with not less than 50 on any subject, except that a third-grade license may be granted to an applicant who shall average not less than 60 on second-grade subjects, with not less than 40 on any subject. Second and third grade licenses shall be valid for one year; licenses of the first grade, with a general average of 85, shall be valid for two years; with a general average of 90, three years; and the second such three-year license shall be renewable in the county where issued as long as the holder desires to teach; and any teacher who shall have taught under a first-grade license for five consecutive years shall be exempt from further examination. Applicants shall be at least 17 years of age, nor shall a license for more than one year be issued to an applicant who has had less than six months' experience in teaching. The State board of education may grant special examinations (fee, $2) for licenses which shall be valid only until the next regular examination. When a teacher desires to have his license transferred to another county he may have the county superintendent forward his papers to the State board of examiners, and if the grading of the county board is sustained by the State board the license may be transferred to any county which the applicant may designate. Applicants shall pay a fee of $1.50 to the State board of examiners for grading their papers.
The State board of education may issue professional licenses to teachers of recognized ability, moral character, and scholarly attainments who shall pass a satisfactory written examination in algebra, geometry, rhetoric, English literature, elements of botany and chemistry, science of teaching, civil government, and Latin through Cæsar and Virgil. Such licenses shall be valid for life.
A teacher with a third-grade license shall not be principal of a school which requires an assistant, and in schools requiring more than two assistants the principal must have a first-grade license.
('ontracts and salaries.-The county (or city) superintendent shall enter into duplicate written contract with each teacher, which shall specify the name of the school, the position of the teacher, whether principal or assistant, and the monthly salary. In addition to the fixed salary, there shall be stated in the contract two successively smaller amounts, which shall be the salary in case the attendance decreases to a number for which the conditional amounts would be the fixed salary. It shall be unlawful to issue a (pay] certificate for services rendered before the contract is made and signed.
Superintendents shall fix the salaries of teachers so that the amount to be paid in salaries for maintaining all the schools for one month shall not exceed that fractional part of the whole school fund which one month is of the whole number of months the schools are to be taught. Salaries for schools requiring one teacher shall be fixed between the following limits: For a third-grade teacher, between $15 and $20; second-grade, $18 to $30; first-grade, $25 to $55. In fixing same the superintendent shall take into consideration the executive and teaching capacity of the teacher and the size of the school, to be determined by the educable population of the district and the average attendance of the two preceding years. The salary of an assistant shall not exceed by more than $5 the minimum fixed as above for the grade of license he holds if second or third grade, nor by more than $10 if first grade, but the salary of an assistant may be lower than said minimums. In schools requiring more than one teacher the salaries of principals and assistants shall be regulated so that the cost per pupil
shall not materially vary from the average cost per pupil in schools having but one teacher. The superintendent shall have power to allow one teacher to every 50 educable children in a school district, but may grant an assistant in a school having more than 40 pupils in actual attendance, or two assistants if more than 80 pupils in actual attendance; but in schools of more than 100 pupils, only one teacher shall be allowed for every 35 pupils.
Duties.—The principal teacher in a public school shall keep a daily record of such facts as the form of the register requires, and shall be responsible for the safe keeping and delivery of the register to the county superintendent at the end of the term, and the county superintendent shall not issue a pay certificate for the last month taught until the teacher shall have delivered such register in good order and properly filled out. The register shall show the name, age, and sex of each pupil attending, and the names of absentees for each day. At the end of each scholastic month the teacher shall report to the county superintendent the name, age, sex, and number of days' attendance of each pupil during the month. At least two trustees shall certify thereto, and upon receipt of same the county superintendent shall issue to the teacher and assistant, if any, a pay certificate. If the trustees, without good cause, refuse to sign the report, the teacher may appeal to the county superintendent, who may issue the certificate without the signature of the trustees. With the last monthly report of the session the teacher shall make a term report.
Preliminary training.--The Mississippi Industrial Institute and College, the purpose of which is the moral and intellectual advancement of the white girls of the State, maintains a department for training in normal school methods and kindergarten. The State normal school for colored youth is under the control of five trustees, appointed biennially by the governor and confirmed by the senate. The aim of the institution is the training of colored persons of both sexes as teachers in the common schools.
Institutes.--In every county having more than fifteen school districts for either race there shall be held annually for each race a separate teachers' institute for a term of not less than five days. These institutes are under the direction of the State board of education, who may name a list of experienced and competent institute conductors from which the board of examiners in each county shall select a conductor. Regulations and outlines of work shall be prescribed by the said State board, who shall determine the amount to be paid for conductors and incidental expenses, and shall require of the county superintendent full reports of the work, attendance, and expenses. A fee of 50 cents is paid by each applicant for examination for a teacher's certificate, and if license is issued for more than one year, 50 cents additional for each year's duration of the license. If the amount of the institute fund be insutficient, the State board of education may empower the county superintendent to draw on the county common school fund for not exceeding $10 in any scholastic year to make up the deficit. If there be a surplus in the institute fund the county superintendent may spend 20 per cent of such fund in the purchase of works on teaching, to be kept by him for the use of teachers.
School terms-Attendance--Character of instruction—Text-hooks—Buildings.
Schools shall be kept in continuous session four months, and as much longer as the school fund will maintain them ; trustees may, however, with the consent of a majority of the patrons, divide the session and have a portion of it taught in either term. The county school board shall fix the day for the opening of the winter term between the first Monday in November and the second Monday in January, and the summer term on the first Monday in May, or as soon thereafter as they deem suitable, said action in all cases to be at least twenty days before the opening of the term, whereupon the county superintendent shall notify the secretary of the board of trustees of each school in the county. The trustees in city districts fix the dates for the opening and closing of their schools. Twenty days of actual teaching shall constitute a school month, and trustees shall determine the number of hours which shall constitute a school day--not less than five nor more than eight.
Attendance. The districts shall be so arranged as to place all children within reasonable distance of a schoolhouse, and one public school shall be maintained in each district, but may be discontinued at the end of any scholastic month when less than five attend. Children residing in one district may attend in another, with the written consent of the trustees of both districts and the county
superintendent; but pupils shall not be allowed to attend more than one term during the scholastic year. In districts containing not more than one chartered institution of learning the board may locate the public school at the site of same, and the public school shall be conducted in accordance with the rules and regulations of the chartered institution, and the trustees of the public school and the trustees of the chartered school shall in joint session elect teachers for the public school.
Character of instruction. The branches of study upon which teachers are required to be examined (see Teachers—Certificates) constitute the curriculum of the free public schools.
Educable children may attend a high school or college in their county, and shall be enrolled, reported, and paid for as resident pupils of the district if the school has been established as a free public school of the county. A tuition fee may be charged all pupils who pursue studies beyond the public school curriculum.
A separate (city) school district may make its schools graded schools; and graded schools may be of two kinds-grammar schools and high schools. In every graded school there shall be a graded grammar school, including the common school curriculum; and the high school shall be composed of pupils who sball have passed through the grammar-school grades or shall have passed an examination therein. The course in such high school shall be completed in three years, and the trustees may fix reasonable tuition fees, or the same may be free; and they may prescribe what other studies may be taught in the high school.
Text-books.—The county school board shall appoint five teachers of recognized ability, and the superintendent two, who shall constitute a coinmittee for selecting a uniform series of text-books. They shall serve five years, and books shall be selected for five years. The county superintendent is ex officio secretary of the committee, shall record its proceedings, and shall fill any vacancy occurring in said committee. He shall contract with publishers for books adopted, the form of contract and amount of publishers' bond to be fixed by the State board of education, which contracts shall specify prices for exchange, introduction, and permanent supply. The books adopted shall be used by all schools in the county, except in city districts, the trustees of which shall adopt books for use therein. Instruction shall not be given in any branch to a pupil wlio is not supplied with the books adopted for that branch. The State board shall provide for the adoption of a text-book on any additional branch which may be added to the curriculum.
Buildings.--Any pupil who willfully defaces or injures any school property is liable to suspension or expulsion, and his parents or guardians shall be liable for all damages. Any one disturbing a public school shall be fined not less than $10 nor more than $50.
There shall be a common school fund, which shall consist of the poll tax (which is to be retained in the counties where collected) and an additional sum from the general fund in the State treasury, which together shall be sufficient to maintain the common schools for the term of four months of the year. The fund shall be distributed among the counties in proportion to the educable children in each. Any county or separate school district may levy an additional sum to keep the schools open for a longer period than four months.
1. ORGANIZATION OF THE SYSTEM.
State board-State superintendent-State library board!--County commissioner
of public schools-County superintendent-County board—District directors City, town, and village directors.
State board.—The State superintendent, governor, secretary of state, and attorney-general shall form the State board of education, which shall have general supervision over the entire educational interests of the State. The board shall report to the general assembly concerning its proceedings.
State superintendent.—There shall be elected by the qualified voters of this